Land development guide

1. About the Land Development Guide

2. Development process general aspects

3. Provision of Works process

4. Accredited Consultants and Contractors

1. About the Land Development Guide

1.1 Introduction

Please note that:

• The relevant legally binding documents are the Developer Works Deed, the Private Works Deed, the Contractor Accreditation Deeds, Consultant Accreditation Deeds, and ancillary documentation (hereinafter referred to ‘Deeds’);
• This Land Development Guide (hereinafter referred to as ‘LDG’) is only designed to provide the intended audience with guidance about the main principles of the Deeds and to help with the reading of the Deeds;
• Where the LDG summarizes the principles of the Deeds, it is not conclusive and does not reflect the whole Deeds;
• Reading the LDG does not substitute any reading of the Deeds;
• We expressly point out that it is essential that you read and understand the Deeds; and
• In case of any inconsistency of this LDG with the Deeds, the validity of the Deeds is not affected.

This document does not constitute technical, engineering or legal advice. Parties undertaking the development of land requiring reticulated water and/or sewerage services from Barwon Water should obtain their own technical, engineering and legal advice as applicable.

1.2 Definitions

Any words beginning with capital letters shall have the meaning as set out in the Deeds unless otherwise defined herein.  Any words beginning with capital letters which are not defined in the Deeds shall have the technical meaning which is common in the water infrastructure and construction industry.

1.3 Intended audience

This LDG gives guidance for residential, commercial and industrial developers and their representatives, including engineering and other consultants, contractors, surveyors, and service authorities.

1.4 Reference documents

Where this LDG refers to Standards; these standards include:

• (i) Barwon Water standards:
  • a) Supplementary Information to the WSAA Water Supply Code of Australia – Melbourne Retail Water Agencies Edition Version 2.0 WSA 03-2011-3.1 “For Land Development”;
  • b) Supplementary Information to the WSAA Sewerage Code of Australia – Melbourne Retail Water Agencies – Version 2.0
    WSA 02-2014-3.1 ‘For Land Development’;
  • c) The Barwon Water Design Manual Pressure Sewerage Systems;
  • d) (For pump-stations only) - Electrical Requirements Design for: Developer Works Alliance Contractors Updated 5th July 2010;
  • e) (For pump-stations only) - The revised Electrical Requirements dated 30 March 2016 (this will be emailed to the Accredited Consultant);
  • f) (For pump-stations only) - The Electrical design spreadsheet (this will be emailed to the Accredited Consultant);
  • g) Barwon Water’s Water Quality Guidance for Commissioning Assets in Contact with Potable Water or Class A Recycled Water;
  • h) Barwon Water Survey Manual ‘For Land Development’ Version 1- 2010;
  • i) Supplementary Product Catalogue for Pressure Pipeline Systems;
  • j) Supplementary Product Catalogue for Non-pressure Pipeline Systems;
  • k) Installation Guide Precast Concrete Access Chambers – Compiled 1994; and
  • l) Barwon Water HSE procedure.
• (i) Adopted standards:
  • a) WSAA Water Supply Code of Australia Melbourne Retail Water Agencies Edition Version 2.0 WSA 03-2011-3.1;
  • b) WSAA Sewerage Code of Australia Melbourne Retail Water Agencies Edition Version 2.0 WSA 02-2014-3.1;
  • c) WSAA Pressure Sewerage Code of Australia WSA 07-2007 version 1.1;
  • d) Melbourne Retail Water Agencies (MRWA) Supplementary Manual to WSA 07-2007;
  • e) WSAA Polyethylene Pipeline Code WSA-01-2001;
  • f) WSAA Conduit Inspection Code of Australia WSA 05 – 2006 Second Edition; and
  • g) WSAA Sewerage Pumping Station Code of Australia – Version 2.1 WSA 04 2005-2.1;
  • h) Melbourne Retail Water Agencies (MRWA) Backfill Specification 04-03.1 and
  • i) MRWA (Products) Web Portal.

2. Development process general aspects

2.1 Definition

The term ’development’ for the purposes of the LDG refers to projects involving either:

• the subdivision of land or existing buildings;
• the construction of buildings or tenements, that may or may not be subject to subdivision; and
• the connection of single allotments to Barwon Water services.

Development in this context may range from large scale residential, commercial or industrial proposals to individual customers seeking a single (potable and/ or recycled) water or sewerage connection.

2.2 Servicing advice

Servicing advice is available to land owners and developers to assist with planning applications to council and to determine potential costs and infrastructure works associated with developing land. To seek servicing advice please lodge an application for servicing advice, please contact us.

Any information given in this preliminary servicing advice or otherwise by Barwon Water is not binding upon Barwon Water and you shall not undertake any commitment based on any information given until a formal execution of a Developer Deed, Private Works Deed or any other binding agreement with Barwon Water.

2.3 Planning referrals

2.3.1 General

Barwon Water is responsible for potable water and sewerage services in the municipal districts of:

• City of Greater Geelong
• Borough of Queenscliffe
• Surf Coast Shire
• Colac Otway Shire (part of)
• Golden Plains Shire (part of)

In its Health and Environmental Management Plan, Barwon Water has mandated provision of Class A recycled water in some parts of The City of Greater Geelong and Surf Coast Shire municipalities.
Barwon Water also has an interest in water supply catchments in some of these areas as well as parts of the Moorabool Shire and may impose respective conditions.

2.3.2 Planning permit and planning scheme

Many developments requiring potable water, recycled water or sewerage services may also require planning permission. Usually this permission will be in the form of a planning permit issued by the relevant municipal council acting as a responsible authority under the Planning and Environment Act 1987.

As authorised under section 145 of the Water Act 1989, Barwon Water has the legal right to impose conditions relating to the connection to Barwon Water’s system.

Barwon Water participates in the planning process in a number of ways. These include:

• as a formal referral authority for specified planning permit applications pursuant to Section 55 (of the Planning and Environment Act 1987);
• as the recipient of informal notification by a municipal council of a proposed planning permit application (typically pursuant to Section 52 of the Planning and Environment Act 1987); or
• where Barwon Water becomes aware of a planning permit application.

When a planning permit application is referred to Barwon Water, Barwon Water is permitted to direct the relevant council to:

• refuse the permit application; or
• impose a set of conditions in relation to (potable/ recycled) water and/or sewerage services which must be included by the municipal council in any planning permit issued; or
• request more information to assess the permit application.

Barwon Water may also play a role in more strategic planning. This may include:

• involvement in planning scheme amendments; and
• requests for development plan overlays (and the plans pursuant to them) to be approved.

2.3.3 Water supply catchments

Barwon Water is a referral authority for planning permit applications that fall within a special water supply catchment area, as defined in Schedule 5 of the Catchment and Land Protection Act 1994.

The referral allows Barwon Water to assess the application in relation to potential impacts on water quality and yield in these catchments.

When an application in a special water supply catchment area is referred by council to Barwon Water, Barwon Water may seek assurances as to the capacity of the land to support an onsite waste water system (most notably to retain all waste water within the boundaries of the relevant lot or title).

A planning permit referral must include the following information:

• Details of any relevant plan of subdivision or site plan.
• Details on the relevant plan of subdivision or site plan of proposed building areas and effluent disposal areas.
• A land capability assessment prepared within the past 12 months by a suitably qualified person.
• A wastewater management program that indicates how any constraints identified in the land capability assessment can be addressed.
• A description of the soil type of the site and its profile characteristics to a depth of at least 1.5 metres.
• Demonstration that the proposal will result in a net improvement to the health and environmental condition of the catchment, where the land is not connected to reticulated sewerage.
• An assessment of the likely environmental impact on the natural and physical features and resources of the area and any impact that may be caused by the proposal on soil and water quality.

Barwon Water will assess the planning application for its compliance with key policies, including:

• State Environment Protection Policy (Waters of Victoria);
• Ministerial Guidelines for Planning permit applications in open, potable and water supply catchment areas;
• Water Quality Protection Policy for Barwon and Otway Catchments.

2.3.4 Plan of subdivision

If land is to be subdivided, Barwon Water can impose requirements for the subdivision through the planning process and under the Subdivision Act 1988. This includes the requirement for easements or reserves for Barwon Water purposes.

For Private Works, the consent to the certification of the plan of subdivision is given by Barwon Water when the plan of subdivision conditions requested by the planning permit or more detailed contained in the Servicing Requirements and Costing Schedule for Private Works are satisfied.

For Developer Works, the consent to certification of the plan of subdivision is given by Barwon Water when plan of subdivision conditions requested by the planning permit are satisfied and the infrastructure design plan is complying with the Servicing Requirements and Costing Schedule of the Developer Deed.

Should works not be constructed in accordance with the accepted design plan, Barwon Water may request the rectification of the works or the alteration to the plan of subdivision, prior to its Consent to Statement of Compliance.

For all development projects, should works not be completed in accordance with Section 3 of the LDG, Barwon Water will not issue its Consent to Statement of Compliance.

3. Provision of Works process

3.1 Type of Works

Requirements for Development proposals may require the following types of works, defined as:

Simple connections:

This is generally a connection to Barwon Water’s existing water and/or sewerage pipes (where those assets join the particular property) for a single dwelling of a single residential allotment where the land has the required access to services, and where the connection does not involve any construction of a Sewer Connection Point.

Private Works:

Private Works is the construction of Private Assets and Sewer Connection Points. The relevant document which covers the Private Works Process is the Private Works Deed, or for Simple

Private Works, the Contractor Accreditation Deed and the consent letter for undertaking the Simple Private Works.

Developer Works:

Developer Works is the construction of reticulated or shared assets (Reimbursement Works). The relevant document which covers the Developer Works Process is the Developer Deed.

3.2 Simple connections process

The process for Simple Connections (including relevant application forms and information) is outlined on our website. The Conditions of Connection set out the respective requirements for recycled (including Class A) and potable water, sewer and pressure sewer connections.

3.3 Private Works process

Please note that the following description is just a summary of the main obligations and processes of the Private Works Deed which is the legal document dealing with Private Works. See also the note at the beginning of this LDG.

The Private Works Process applies for works which are more extensive than simple connections.

Private Works have to be executed by the developer and consist of:

• private potable water supply assets, recycled water supply assets and/or sewerage assets, which all will not be owned by Barwon Water (referred to as ‘Private Assets’); and
• as the case may be, sewer connection points between private sewer pipelines and Barwon Water’s assets which will be owned by Barwon Water upon construction (referred to as ‘Connection Points’).

3.3.1 Application for Private Works

The process of an application for a Private Works Deed is as follows:

• The developer must fill in an ‘Application for Service Requirements and Costing’ and send it to Barwon Water as prompted in the application form. The application form is published at Barwon Water’s website.
• Barwon Water will evaluate the application and will determine whether the works applied for are Private Works or just Simple Private Works. In case that Barwon Water determines that the works are just Simple Private Works, the Process for Simple Private Works applies (see below 3.3.9). Simple Private Works are works which have a lower risk level and which do not require the execution of a separate Private Works Deed. Barwon Water decides about the risk level on a case by case basis.
• If Barwon Water decides that the works are Private Works and provided the developer satisfies the requirements of the application for Private Works, Barwon Water sends the Private Works Deed to the developer together with an accompanying cover letter explaining next steps.
• The Private Works Deed includes a referral to Barwon Water’s Terms and Conditions for Private Works which thereby form part of the Private Works Deed and which are published at Barwon Water’s website.
• Furthermore, Barwon Water’s Land Development and Administrative Process for Private Works forms part of the Private Works Deed. It sets out further obligations and process steps the developer must adhere to.
• All technical requirements are set out in a schedule of the Private Works Deed (Servicing Requirements and Costing Schedule).

3.3.2 Undertaking of Private Works

• For the Private Works in relation to the Sewer Connection Points, the developer must engage an Accredited Contractor.
• For the Private Works in relation to the Water Connection Points, the developer must engage a licensed plumber, or an Accredited Contractor that is a licensed plumber.
• For the Private Works in relation to Private Assets, the developer is entitled to engage either an Accredited Contractors or Licensed Plumbers.

3.3.3 Commencement of Private Works

The developer is entitled to commence with the Private Works provided:

• the Private Works Deed has been executed by all parties;
• the developer has obtained all relevant planning permits; and
• the developer has made all due payments (fees and ‘New Customer Contributions’) to Barwon Water.

The completion of works must generally be reached within 12 months unless otherwise stipulated by Barwon Water. If works cannot be completed within this time period, Barwon Water has certain rights (extension of the completion period, termination of the Private Works Deed and requiring a new Private Works Deed, etc.).

3.3.4 Completion of Private Works

In order to allow Barwon Water to verify that the Private Works have been successfully completed, the developer must ensure Barwon Water is provided with:

• all works information including private works plans; and
• CCTV inspection reports, where required.

3.3.5 CCTV inspection of Works

Barwon Water requires Closed Circuit Television (CCTV) inspection of the following sewer assets:

• All house connection points where it is proposed to reuse the existing house connection point;
• All existing house connection points that have never been used (i.e. on a vacant lot, or a second connection point never connected to; or
• All existing house connection points to be altered to allow a second connection.

There are some exceptions that do not require CCTV inspection, including:

• An existing lot or dwelling already connected to the existing house connection branch, which will not be altered by the development (i.e. the property will remain connected with no additional loading on, or alteration of, that connection point); or
• An oblique junction connection type that has never been connected.

The developer must ensure that all reports, CCTV footage and photos taken during CCTV inspection will be provided to Barwon Water. They become the property of Barwon Water. The reports are to be provided to Barwon Water and coded using the software WinCan Version 8, with a template acceptable to Barwon Water. The files can be provided on a compact disc or portable hard drive.

3.3.6 Responsibility for Private Works

The developer has full responsibility for:

• the selection of the Accredited Contractors and Licensed Plumbers and their subcontractors;
• the Private Works undertaken by the Accredited Contractors and Licensed Plumbers and their subcontractors;
• the occupational health and safety of the Accredited Contractors and Licensed Plumbers and their subcontractors as described in the Private Works Deed.
• providing the Accredited Contractors and Licensed Plumbers with all information about the individual Specification, the Barwon Water Representatives, Barwon Water’s Standards and Procedures and any other information which is relevant for the Private Works.
• ensuring that all Private Works comply with requirements set out in the Private Works Deed, in particular with the Specifications.
• ensuring the rectification of any Defect in the Private Works;
• ensuring no loss or damage occurs to assets or in an injury of a person; and
• ensuring Barwon Water receives the private works plans as required by the Private Works Deed, upon Completion of the Private Works.

3.3.7 Payments and Bonds

Any payments of fees and ‘New Customer Contributions’ must be made by the payment dates as determined in the Servicing Requirements and Costing Schedule (Schedule 6) of the Private Works Deed or set out in a separate invoice.

For non-subdivision developments, a Private Works Bond is required. The provision of a bond is required prior to executing the Private Works Deed.

The Private Works Bond will be returned when the developer:

• has paid any outstanding payments to Barwon Water;
• has completed the Private Works in accordance with the Specifications;
• has provided Private Works Plans and any other Works Information to Barwon Water; and
• is not in breach of any other of its obligations under the Private Works Deed.

3.3.8 Insurance

The developer must have a current Public Liability Insurance covering an amount in respect of any one occurrence not less than $20 million.

3.3.9 Simple Private Works

In case that upon an application for Private Works Barwon Water decides that the works applied for are just Simple Private Works, Barwon Water will send a letter to the landowner confirming that the works applied for are Simple Private Works. The letter will contain a servicing requirements and costing schedule and further conditions imposed under section 145 of the Water Act 1998 which are binding on the current and future owners and all occupiers of the property.

Simple Private Works are projects that –

• are not requiring more than three new sewer or water connections;
• do not involve connection to Barwon Water assets DN300mm or larger;
• do not require a water connection greater than 32mm; or
• are not within 3.0 metres of a strategic asset, as determined by Barwon Water.

The Simple Private Works must be undertaken by an Accredited Contractor. The landowner must provide or ensure the provision of the servicing requirements and costing schedule to the Accredited Contractor and must ensure that the Accredited Contractor complies with the conditions set out in the servicing requirements and costing schedule.

3.4 Developer Works process

Please note that the following description is just a summary of the main obligations and processes of the Developer Deed which is the legal document dealing with Developer Works. See also the note at the beginning of this LDG.

The Developer Works process applies where new reticulated or shared assets, including major infrastructure, are to be built by the developer and the ownership of these then transferred to Barwon Water.

Developer Works include:

• Pipelines of any size;
• Pressure reducing valves;
• Potable and recycled water supply pumping stations;
• Potable and recycled water supply tanks;
• Sewerage pumping stations; etc.

3.4.1 Application for Developer Works

The process for application of a Developer Deed is as follows:

• The developer must fill in an ‘Application for Service Requirements and Costing’ and send it to Barwon Water as prompted in the application form. The application form is published at Barwon Water’s website.
• Provided the developer satisfies the requirements of this application, Barwon Water sends the Developer Deed to the developer together with an accompanying cover letter explaining next steps.
• The Developer Deed includes a referral to Barwon Water’s Terms and Conditions for Developer Works which thereby form part of the Developer Deed and which are published at Barwon Water’s website.
• Furthermore, Barwon Water’s Land Development and Administrative Process for Developer Works forms part of the Developer Works Deed as a Schedule. It sets out further obligations and process steps the developer must adhere to.
• All technical requirements (including requirements for design etc.) which were formerly set out in the ‘letter of offer’ are now set out in a schedule of the Developer Deed (Servicing Requirements and Costing Schedule).

3.4.2 Variation to time to complete Developer Works (extension of time)

Requests to extend the time for the completion of the works will only be considered if the required extension does not exceed extra 12 months. Such an extension request may at Barwon Water’s discretion be granted provided:

• Any planning permit for the development remains in force for the full period of that requested extension;
• The plan of subdivision for the development (if applicable) has been certified;
• Any road construction plans have been approved by the relevant road authority;
• The commencement of other aspects of the development (other than the water and sewerage works) has occurred; and
• All charges or fees due to Barwon Water have been paid.

3.4.3 Undertaking of Developer Works

The following principles apply:

• The developer must engage Accredited Consultant(s) and Accredited Contractors for the Works or Services. The developer must not use consultants and contractors who are not accredited, and the developer must not undertake the Works or Services himself.
• The Accredited Consultant acts as agent of the developer.
• The developer has full responsibility for:
  • the selection;
  • the Works or Services; and
  • the occupational health and safety of the Accredited Consultant and the Accredited Contractors and their subcontractors as described in the Private Works Deed.
• The developer must, provided it is incorporated, in addition to the Accredited Consultant, nominate a further representative.
• Time for completion of the Works or Services is:
  • Generally 18 months, unless otherwise determined by Barwon Water, for dual pipe developments, or those developments requiring the construction of shared assets (Reimbursement Works) or of Major Infrastructure;  and
  • 12 months for all other developments.
• Before the commencement of the Works or Services, the developer must provide the Accredited Consultant with a copy of the Developer Deed.
• The developer must provide the Accredited Contractor with all information about the individual Specification, the Warranty Period, the Barwon Water Representatives, Barwon Water’s Standards and Procedures and any other information which is relevant for Works or Services.

3.4.4 Responsibility for Works or Services

All Works or Services must comply with requirements set out in the Developer Deed, in particular with the specifications which are set out in the Servicing Requirements and Costing Schedule of the Developer Deed. The developer must ensure the rectification of any defect in the Works or Services.

The developer must not do anything which results in loss or damage to assets or in an injury of a person.

3.4.5 Design of Works

The Developer must engage an Accredited Consultant for the design of the Works or Services and the Design must comply with the Specifications as set out in the Servicing Requirements and Costing Schedule.

3.4.6 Payments

Any payments of fees and ‘New Customer Contributions’ must be made by the payment dates as determined by the Servicing Requirements and Costing Schedule or in separate invoice.

3.4.7 Commencement of Works

The developer is entitled to commence with the Works or Services provided:

• the Accredited Consultant (as the case may be the Accredited Contractor) has lodged a Notification of Works form with Barwon Water not less than seven (7) working days before it wishes to commence construction;
• the developer has obtained all relevant planning permits;
• the developer has made all due payments;
• the Design had been verified by Barwon Water;
• the developer has provided Barwon Water with activity method statements as required and Barwon Water has accepted any of those activity method statements; and
• the developer has provided Barwon Water with a letter of consent from any affected landowner.

Works may commence seven (7) days after lodging the Notification of Works form, unless Barwon Water:

• Requests further information;
• Otherwise states that the works must not commence.

3.4.8 Audits

Barwon Water may at any time carry out random audits of the various activities undertaken during the construction and survey of the works or service.

Barwon Water may at any time conduct audits regarding the compliance with OHS Law in relation to work on Barwon Water’s assets.

3.4.9 Testing of Works

The Developer, Accredited Consultant and Accredited Contractor must ensure that all testings are executed as required by the Developer Deed.

The Notification – Commencement of Testing form must be provided to Barwon Water three (3) business days before any proposed test date and must include all required information.

3.4.10 Shut down

Where Barwon Water requires a temporary shutdown of Barwon Water’s potable or recycled water system or a pressure tapping, the Accredited Contractor must lodge an application for shutdown or pressure tapping using the form Water Main Shutdown or Pressure Tapping form found on Barwon Water’s website.

3.4.11 Completion of Works

The developer must procure that Barwon Water receives the Completion of Works Package. For the required content please refer to the Completion of Works Package form. All content of the Completion of Works Package must comply with the specifications as set out in the Servicing Requirements and Costing Schedule.

3.4.12 CCTV inspection of Works

Barwon Water requires Closed Circuit Television (CCTV) inspection of the following sewer assets:

• All bored sewer mains;
• Gravity sewers, where there is a dispute regarding the quality of the installation; or
• In any case where Barwon Water deems it to be required.

CCTV inspections are to be undertaken only by operators who have had accredited training in the use of this code.

All reports, CCTV footage and photos taken during CCTV inspection are to be provided to Barwon Water and become the property of Barwon Water. The reports are to be provided to Barwon Water and coded using the software WinCan Version 8, with a template acceptable to Barwon Water. The files can be provided on a compact disc or portable hard drive.

3.4.13 Reimbursement Works (shared assets)

Barwon Water may reimburse the developer for the whole or a part of the costs for specified Works or Services or parts thereof.

The developer must exercise the tender processes prescribed in the Developer Deed

The developer must provide Barwon Water with all relevant information concerning the estimated reimbursement amount and Barwon Water informs the developer whether it in principle accepts the estimate (Agreed Reimbursement Amount).

Barwon Water is not obliged to pay the developer any amount which increases the Agreed Reimbursement Amount but may do so after gaining sufficient information from the developer.

3.4.14 Payments and Bonds

Any payments of fees and ‘New Customer Contributions’ must be made by the payment dates as determined in Servicing Requirements and Costing Schedule of the Developer Deed or set out in a separate invoice.

Any submission of the Asset Warranty Bond and any other bond must be made by the dates as determined in Servicing Requirements and Costing Schedule of the Developer Deed.

The Asset Warranty Bond will be returned when the developer:

• has satisfactorily completed the Works Warranty period; and
• is not in breach of any other of its obligations under the Deed.

3.4.15 Insurance

The developer must have a current Public Liability Insurance covering an amount in respect of any one occurrence not less than $20 million.

3.4.16 Acceptance

Conditions for Acceptance [‘Acceptance’ is the sending of the ‘Acceptance of Works Letter’ by Barwon Water to the developer]:

• the developer has paid any outstanding payments;
• the developer has provided the Completion of Works Package with the content as required by the Developer Deed and in electronic and/or hardcopy form or in another form, as required by Barwon Water;
• the developer has provided the ‘Works Information’ as described in the relevant developer Deed;
• the developer has complied with the conditions for connection;
• the actual connection to Barwon Water’s assets has occurred according to Barwon Water’s Land Development and Administrative Process.
• the developer has ensured that the developer’s water infrastructure is not damaged;
• the developer has, in the case of a development not including a subdivision, ensured that any reserves or easements required on any land are transferred to Barwon Water or registered in favour of Barwon Water;
• where ‘Reimbursement Works’ (Shared Assets) are involved, Barwon Water has determined the ‘Final Reimbursement Amount’; and
• the Works or Services are reasonably clean.

3.4.17 Consequence of Acceptance for Development including a Subdivision

Upon Acceptance, Barwon Water will issue its consent to a Statement of Compliance

3.4.18 Asset Transfer and Commencement of Warranty Period

Development without Subdivision:

In case that the development does not incorporate a subdivision, Barwon Water will upon Acceptance issue a second letter to the developer in which it agrees to the transfer of ownership of the works to Barwon Water and which constitutes the beginning of the warranty period (this letter is referred to as ‘Asset Transfer and Commencement of Warranty Period Letter’).

From the date upon which Barwon Water issues an Asset Transfer and Commencement of Warranty Period Letter:

• the Warranty Period commences, and
• Barwon Water receives ownership of the assets.

Development involving a Subdivision

In the case that the development involves a subdivision, Barwon Water may after being notified of a successful registration of the plan of subdivision

• audit the Works or Services, and
• require any additional tests, cleaning or reworks to achieve that the Works or Services are compliant with the requirements set out in the Developer Deed.

Provided that Barwon Water is satisfied that the Works or Services do still comply with the conditions for Acceptance, Barwon Water will issue the Asset Transfer and Commencement of Warranty Period Letter.

From the date upon which Barwon Water issues that Asset Transfer and Commencement of Warranty Period Letter:

• the Warranty Period commences; and
• Barwon Water receives ownership of the assets.

Asset Transfer at another time

Notwithstanding the above, Barwon Water is entitled to specify another date or occurrence upon which the asset transfer and the commencement of the warranty period shall occur.

3.4.19 Duration of the Warranty Period

The warranty period lasts for 2 years.

Under certain circumstances (still repairs or replacement needed or expected to be necessary), Barwon Water may extend the warranty period.

3.4.20 End of Warranty Period

Towards the end of the respective Warranty Period, the Accredited Consultant must lodge with Barwon Water a request to end the warranty period. Provided that Barwon Water does not identify any defects and that Barwon Water considers, in its reasonable opinion, that no further extension is necessary, Barwon Water will issue an ‘End Of Warranty Period Certificate’ upon which the warranty period ends.

3.4.21 Early Consent to Statement of Compliance

Barwon Water does principally not give its consent to a Statement of Compliance before Acceptance. In case that the Developer in exceptional circumstances desires that Barwon Water gives a consent to a Statement of Compliance before Acceptance, the Developer must contact Barwon Water and has to follow an application process as determined by Barwon Water.

4. Accredited Consultants and Contractors

4.1. Accredited Consultants

For Developer Works, the developer must engage an Accredited Consultant for the Works or Services. The developer must not use consultants who are not accredited, and the developer must not undertake the works or service himself.

The Accredited Consultant acts as agent of the developer.

The developer has the responsibility for (i) the selection, (ii) the works and services, and (iii) the occupational health and safety of the Accredited Consultants and Accredited Contractors and their respective subcontractors, but the Accredited Consultant and the Accredited Contractor will remain responsible in parallel under the respective accreditation deeds.

Barwon Water’s Land Development and Administrative Process’ forms part of the Consultant Accreditation Deed as a Schedule. It sets out further obligations and process steps the Accredited Consultant must adhere to.

4.1.2 Accreditation process

Barwon Water may grant accreditation to a consultant provided that the following requirements are met:

• the consultant must complete and submit an ‘Consultant Accreditation Application Form’. The Consultant Accreditation Application Form prompts the Consultant to provide various information. In particular, it sets out all requirements which the individual employee or the company of the consultant must fulfil for being accredited in the individual accreditation category. The requirements differ according to role and accreditation category;
• the consultant can only be accredited if the particular requirements are met and remain valid during the whole accreditation period, and if it has submitted all documents and certificates as requested in the Consultant Accreditation Application Form;
• Barwon Water must further be sufficiently satisfied that the consultant has and will maintain the ability to comply with the obligations under the Accreditation Deed including management of contractors and sub-contractors;
• the consultant must warrant that the completed content of the Consultant Accreditation Application Form and all information provided by the consultant during the application process is accurate, complete, true and correct and is not misleading; and
• the consultant must execute the Accreditation Deed.

4.1.3 Accreditation requirements

The consultant will be accredited for certain categories of services and the consultant is only allowed to perform services in the accredited category or accredited categories (for accredited categories refer to Table 1).

The Consultant must have a ‘Quality Management System’, an ‘OHS Management System’ and an ‘Environmental Management System’, which must be certified by an accredited JAS-ANZ certifying body to the following standards: AS 4801(OH&S Management System), ISO 9001 (Quality Management System), ISO 14001 (Environmental), or respectively, the Civil Construction Management Code (CCF).

The Accredited Consultant is responsible for the health and safety of the Accredited Consultant’s personnel (which includes staff, agents, sub-consultants etc.) and must ensure that it’s personnel has the skills, qualifications, competence, expertise, experience, registrations, authorisations, certificates, permits or consents required by the Accreditation Deed and appropriate to the undertaking of the category of services the Accredited Consultant is accredited for.

When deploying the Accredited Consultant’s personnel, the Accredited Consultant continues to be liable for its obligations under the Accreditation Deed and at law.

4.1.4 Duration of Accreditation for Accredited Consultants

The initial period is 24 months from commencement date, the accreditation lapses automatically after these 24 months.

Re-Accreditation: the consultant may apply for re-accreditation for another period of 24 months if it still satisfies the relevant requirements for the accreditation and provides Barwon Water with a statutory declaration which states that compliance.

The Accredited Consultant must notify Barwon Water in case that certain circumstances or changes of circumstances occur which may impact the accreditation.

4.1.5 Obligations

The Accredited Consultant’s obligation regarding the services and asset quality include:

• The Accredited Consultant must before the commencement of any services, procure to receive and read a copy of the respective Developer Deed;
• The Accredited Consultant takes all responsibility for their services performed;
• The Accredited Consultant must, when engaged by a developer for the provision of design services:
  • execute the detailed engineering design of the works in accordance with the specifications and fit for their purpose;
  • prepare all of the documents required to be included in the ’Design Package’;
  • submit the Design Package to Barwon Water on behalf of the developer; and
  • either carry out the design of any works on its own, or if the Accredited Consultant has not carried out the design, verify and unequivocally adopt and endorse the design of any works of a prior consultant who was accredited for the purpose of each individual Developer Deed, and submit the design.
• The Accredited Consultant must, when engaged by a developer for the provision of construction auditing services:
  • supervise and audit the construction of the works, provide all relevant information and rectification requests from Barwon Water to the Accredited Contractors, and ensure and witness that the construction of the works at all times complies with the specifications and all other requirements contemplated by each individual Developer Deed and any reasonable request of Barwon Water ;
  • prepare and lodge the ‘Completion of Works Package’ and any other various forms, approvals, confirmations, and other documents as required in each individual Developer Deed, the Accreditation Deed or as otherwise reasonably required by Barwon Water, which certify and confirm that the design and the Works or Services will be or have been carried out and completed in a proper and professional manner, and in accordance with the specifications and all other requirements contemplated by each individual Developer Deed or in the Accreditation Deed, or as reasonably requested by Barwon Water;
  • on the Developer’s behalf provide the Accredited Contractor with the relevant information about the individual specifications, the warranty period, the Barwon Water representatives, Barwon Water’s standards and procedures, and any other information which is relevant for the construction of the individual water infrastructure.
• The design of works, supervision of the construction of works, and various other actions or functions specified in the LDG, can only be undertaken by an Accredited Consultant. The Accredited Consultant must:
  • conduct inspections of the works with a view to identifying any defects ;
  • promptly advise Barwon Water of any defects of which it becomes aware;
  • ensure the rectification of any defects; and
  • further rectify any non-compliance with the terms of the Accreditation Deed.
• The Accredited Consultant must ensure the testing procedure and testing equipment must comply with standards and the Land Development and Administrative Process.
• The Consultant must not do anything which results in loss or damage to assets or in an injury of a person.
• Towards the end of the respective warranty period, the Accredited Consultant must lodge with Barwon Water a request to end the warranty period.

4.1.6 Performance

Barwon Water may at any time audit the compliance with the requirements under this Accreditation Deed by the Consultant.

Barwon Water may at any time conduct audits regarding the compliance with OHS Law in relation to work on Barwon Water’s assets.

In case that the Accredited Consultant breaches any term of the Accreditation Deed or any warranty given, Barwon Water may

• issue a ‘Show Cause Notice’ to the Accredited Consultant;
• enter into a Performance Discussion with the Accredited Consultant;
• permit the Accredited Consultant’s accreditation to remain subject to certain conditions;
• terminate or suspend either the whole accreditation or one or certain accreditation categories

Table 1 – Consultant accreditation categories

4.2. Accredited Contractors

For Developer Works, the developer must engage Accredited Contractors for the Works or Services. The developer must not use contractors who are not accredited, and the developer must not undertake the works or service himself.

In case of Developer Works, the Accredited Consultant acts as agent of developer (as detailed in the Developer Deed and the Consultant Accreditation Deed).

For Private Works, no consultant is involved, but the developer must still engage Accredited Contractors for the undertaking of Private Works regarding Sewer Connection Points.

The Accredited Contractor will be responsible for quality, OH&S and environmental aspects of works under the Accreditation Deed.

Barwon Water’s ‘Land Development and Administrative Process’ forms part of the Contractor Accreditation Deed as a Schedule. It sets out further obligations and process steps the contractor must adhere to.

4.3.1 Accreditation process

Barwon Water may grant accreditation to a contractor provided that the following requirements are met:

• the contractor must complete and submit a ‘Contractor Accreditation Application Form’. The Contractor Accreditation Application Form prompts the Contractor to provide various information. In particular, it sets out all requirements which the individual employee or the company of the contractor must fulfil for being accredited in the individual accreditation category. The requirements differ according to role and accreditation category;
• the contractor can only be accredited if the particular requirements are met and remain valid during the whole accreditation period, and if it has submitted all documents and certificates as requested in the Contractor Accreditation Application Form;
• Barwon Water must further be sufficiently satisfied that the contractor has and will maintain the ability to comply with the obligations under the Accreditation Deed;
• the contractor must warrant that the completed content of the Contractor Accreditation Application Form and all information provided by the contractor during the application process is accurate, complete, true and correct and is not misleading; and
• the contractor must execute the Accreditation Deed.

4.3.2 Accreditation requirements

The contractor will be accredited for certain categories of work and the contractor is only allowed to perform Works or Services in the accredited category or accredited categories (accredited categories are shown in Table 2).

The Contractor must have a ‘Quality Management System’, an ‘OHS Management System’ and an ‘Environmental Management System’, which must be certified by an accredited JAS-ANZ certifying body to the following standards: AS 4801 (OH&S Management System), ISO 9001 (Quality Management System), ISO 14001 (Environmental), or respectively, the Civil Construction Management Code (CCF).

To become accredited, a contractor must demonstrate how they can effectively manage the HSE aspects of the work they perform. This includes adhering to the requirements of the Barwon Water Contractor HSE Handbook and also providing evidence that relevant workers have obtained the relevant qualifications.

Accredited Contractors and sub-contractors must have appropriate insurance, as required by Barwon Water from time to time. A copy of insurance policies must be provided to Barwon Water upon request. Required insurance includes public liability insurance with a minimum limit of liability of $20 million. The contractor must also be registered as an employer under the provisions of the Accident Compensation (WorkCover) Act 1993.

4.3.3 Duration of accreditation

Initial period: 12 months from commencement date, the accreditation lapses automatically after these 12 months.

Re-Accreditation: the contractor may apply for re-accreditation for another period of 12 months if it still satisfies the relevant requirements for the accreditation and provides Barwon Water with a statutory declaration which states that compliance.

4.3.4 Obligations

The Accredited Contractor is responsible for the health and safety of the Accredited Contractor’s personnel (which includes staff, agents, sub-contractors etc.) and must ensure that it’s personnel has the skills, qualifications, competence, expertise, experience, registrations, authorisations, certificates, permits or consents required by the Accreditation Deed and appropriate to the undertaking of the category of Works or Services the Accredited Contractor is accredited for.

When deploying the Accredited Contractor’s personnel, the Accredited Contractor continues to be liable for its obligations under the Accreditation Deed and at law.

The Accredited Contractor takes all responsibility for Works or Services performed.

The Accredited Contractor must execute and complete the Works or Services in compliance with the specifications which are set out in the Schedule 6 of the Developer Deed and which will be communicated to the Accredited Contractor by the developer or the Accredited Consultant.

The Accredited Contractor must seek relevant information about the individual specifications, the warranty period, the Barwon Water representatives, Barwon Water’s standards and procedures, and any other information which is relevant for the construction of the individual water infrastructure, from the respective developer or the Accredited Consultant.

After the commencement of construction and during any warranty period, the Accredited Contractor must ensure the rectification of any defect in the Works or Services provided the defect is related to the Works or Services.

The Accredited Contractor must further rectify any non-compliance with the terms of the Accreditation Deed.

4.3.5 Performance

Barwon Water may at any time conduct quality audits of the Works or Services.

Barwon Water may at any time conduct audits regarding the compliance with OHS Law in relation to work on Barwon Water’s assets.

In case that the Accredited Contractor breaches the Accreditation Deed or any warranty given, Barwon Water may:

• issue a ‘Show Cause Notice’ to the Accredited Contractor;
• enter into a Performance Discussion with the Accredited Contractor;
• permit the Accredited Contractor’s accreditation to remain subject to certain conditions;
• terminate or suspend either the whole accreditation or one or certain accreditation categories.

4.3.6 Further obligations

Any testing procedure and testing equipment must comply with standards and the Land Development and Administrative Process.

The Contractor must not do anything which results in loss or damage to assets or in an injury of a person.

Table 2 - Contractor accreditation categories